A rescission application allows a party to challenge an arbitration award or ruling under specific circumstances outlined in Section 144 of the Labour Relations Act (LRA). This infographic explains the grounds for rescission, the application process, and key CCMA rules governing variations and rescissions. It also highlights the difference between rescission and review applications, clarifying [...]
The CCMA and most Bargaining Councils allow for a customary 30 minute waiting period if a party is not present at the time stated on the notice of set down, which is referred to as a ‘grace period’. This grace period is not allowed for in the rules and is not always afforded. The Bargaining [...]
From time to time it so happens that the respondent is absent from a CCMA or Bargaining Council matter and then a Default Award can be made in favour of the applicant. Fortunately, there is a remedy available for the respondent to prevent the award from being enforced. The respondent can apply to have the [...]